Imágenes de páginas
PDF
EPUB

property. The wife may, without the consent of her husband, convey her separate property. All property owned by the husband before marriage, and that acquired by him afterwards in the ways mentioned above, is his separate property. All other property acquired after marriage by either or both is community property. The wife may inake contracts concerning her separate property, but she cannot contract to pay money. The earnings of the wife are not liable for the debts of her husband. Her earnings, and those of her minor children living with her, while she lives separate from her husband, are her separate property. The husband has the management and control of the community property, with the like absolute power of disposition (other than testamentary) as he has of his separate estate. Neither dower nor tenancy by the courtesy are allowed. A conveyance by a married woman has no validity unless acknowledged by her after first being made acquainted by the officer with the contents of the instrument on an examination without the hearing of her husband, and unless she thereupon acknowledges that she does not wish to retract the same. The separate property of the husband or wife is not liable for the debts of the other contracted before marriage, but the separate property of the wife is liable for her debts contracted before marriage. She can sue alone when the action concerns her separate property, and when living separate from her husband she may sue or be sued alone. She can make a will of her separate property without the consent of her husband.

COLORADO.—Any married woman may bargain, sell, or convey her personal property, and enter into any contract in reference to the same as if she were sole, and may conveg her real estate by uniting with her husband in the deed. She may sue and be sued in all matters having relation to her property, person, or reputation, in the same manner as if she were sole. make a will, but she cannot bequeath away from her busband more than one-half of her property without his consent in writing. If any married man deprives his wife of over one-half his property by will, she may, after his death, accept the conditions of such will or one-half of his whole estate. The husband is liable for the debts of the wife contracted before marriage, to the extent of the real and personal property he may receive with or through her, or derive from the sale or rept of her lands. The separate property of a married woman is not liable for the debts of her husband; this includes also presents or gifts from her husband, such as jewelry, table-ware, watches, money, &c.

CONNECTICUT.-A married woman may make a will, may join her husband in conveying real estate, may insure the life of any person, may transact business in her own name, and may make

She may bills and notes, joint or several. The separate property of a married woman is not liable for the debts of her husband, and the husband's interest in her separate real estate cannot be taken during her life or the life of a child by their marriage. An express agreement to charge her separate estate may be enforced and her estate alone is subject to execution for her torts or separate contracts.

DELAWARE.-Females who marry after April 9, 1873, may bold real and personal property, which shall not be subject to her husband's debts or control. She may maintain action in her own name for personal labor; deposit money in her own name; defend and prosecut: suits for the protection of her property; make contracts with respect to her own property, as if unmarried.

DISTRICT OF COLUMBIA.—Any married woman may contract and sue and be pued in her own name, in all matters relating to her sole and separate property, in the same manner as if she were unmarried; but neither her husband nor his property shall be bound by any such contract nor be liable for any recovery against her in any suit. Execution of judgment shall be enforced against her separate estate.

FLORIDA. Married women can make written contract to charge their own estate only. For he protection of the wife's property from the marital rights of the husband, and the claims of his creditors, all the property which shall belong to the wife at the time of marriage, or which she may acquire by gift, &c., shall be inventoried and recorded in the Circuit Court Clerk's office of the County in which such property is situated, within six months after marriage, or after the property shall be acquired by her. They have no separate legal existence in matters of business.

GEORGIA.—All property of the wife in possession at the time of murriage or afterwards acquired by her is her separ ite property, and not liable for the payment of any debts, de faults, or contracts of the husland. The wife may act as attırbey and agent for the husband.

ILLINOIS.--By a recent decision of the Supreme Court of. Illinois, a married woman is not liable in an action at law on contracts, and can only be recovered against her in chancery, although she may sue and recover at common law. She cannot enter into copartnership business without the assent of her bus. band. Neither is liable for the debts of the other, either before or after marriage.

INDIANA.—A married woman cannot make a valid exocutory contract, and is not personally liable for any deht she may contract during coverture. Her real estate is not liable for the debts of her husband. She may devise by will her real ana persona. property, but cannot bind her separate estate by signing a promissory note as surety for her husband. The only way she or her property ordinarily can be made liable is by mortgage.

Jowa.–The real and personal property of a married woman acquired by descent, purchase, or gift, is perfect in her own ight. The busband or wife is liable for the debts or liabilities of the other incurred before marriage. They are not liable for the separate dents of the other, nor are the wages, earnings, or property of either, nor is the rent or income of such property liable for the separate debts of the other. Contracts may be made by à wife and liabilities incurred, and the same enforced by or against her, to the same extent and in the same manner as it she were unmarried.

KANBAS.—A married woman, while the marriage relation subsists, may bargain, sell, and convey her real and personal property, and enter into any contract with reference to the same in the same manner, to the same extent, and with like effect as a married man may in relation to his real and personal property ; she may alone carry on any trade or business, and perform any labor or services on her sole and separate account, and the earnings of any married woman, from her trade, business, or labor, or services, shall be her sole and separate property, and may be used and invested by her in her own name.

KENTUCKY.—Contracts of married women are null, except where exceptions are made by statute. By statute the Chancery Court and the equity side of the various Circuit Courts are authorized, upon application made by both husband and wife, and due application to all creditors, to grant such married women the authority to sue and be sued and in all matters of business to act as an unmarried woman. The wife is entitled to a dower of one-third of the real estate upon the death of her husband, during her life-time.

LOUISIANA.--All married women, over twenty-one years of age, may, by and with the authorization of their husbands, borrow money or contract debts for their separate benefit and advantage, and to secure the same grant mortgages or other securities affecting their separate estate, paraphernal, or dotal: Provided, it is done under due forms of laro. These forms consist of her submitting, separate and apart from her husband, to an examination ly the judge of her district or parish touching the object for which the money is borrowed or debt contracted. If the judge is satisfied the money to be borrowed or debt con. tracted is solely for her separate advantage or for the benefit of her separate and dotal property, he shall furnish her a due certificate, which shall be sufficient authority to a notary for drawing up an act of mortgage or other act necessary. A married woman can not sue without the authorization of her husband, though she be a public merchant trading separate from him, unless she has obtained a separation from bed and board by virtue of a judgment duly executed, or has been regularly divorced. The wife, even separate in estate, cannot alienate, grant, or acquire, either by gratuitous or incumbered title, unless her husband concurs in the act or yields his consent in writing, or by authorization of the judge.

MAINE.- Married women may own, buy, and sell property of all kinds in their own right and name, may transact business, and sue and be sued as if single. A married woman's property is not liable for the debts of her husband, nor is he liable for her debts contracted before marriage. No action will lie between man and wife except for divorce.

MARYLAND.-Contracts of married women are generally invalid at law, unless she has taken out license in her own name as a trader. A married woman is allowed to trade as a feme sole. She may bind her separate property; the remedy is in equity. The remedy against her in the law courts, where she acts as a trader, is by attachment, or the creditor may pursue bis remerly in equity at his option,

MASSACHUSETTS.-A married woman may bargain, sell, and convey ber separate real and personal property, enter into any contracts with reference to the same, carry on any trade or business, and perform any labor or services on her sole and separate account, and sue and be sued in all matters having reference to ber separate property, business, trade, services, labor, and earnings, in the same manner as if she were sole. But no conveyance by her of shares in a corporation, or of any real property, except a lease for a term not exceeding one year, and a release of dower executed subsequently to a conveyance of the estate of her husband, shall be valid without the consent of her husband in writing, or his joining with her in the conveyance, or the consent of one of the judges of the Supreme Judicial Court, Superior Court, or Probate Court, granted on her petition in any county, on account of the sickness, insanity, or absence from the State of her husband, or other good cause; and the husband, if within the State, shall have such notice of the petition as the judge may order. The contracts made by a married woman in respect to her separate property, trade, business, labor, or services, shall not be binding on her husband, nor render him or his property liable therefor; but she and her separate property shall be liable for such contracts in the same manner as if she were sole. But any married woman doing or proposing to do business on her separate account shall ale in the clerk's office of the city or town

[ocr errors][ocr errors][ocr errors]

where she does or proposes to do such business a certificate setting for:h her husband's name, the nature of her business and place where it is to be done, and a new certificate whenever she changes her business or place of business. If she does not file such certificate she cannot claim any of the property employed in such business against her husband's creditors, who can, if they choose, attach it or take it on execution against him. If she neglects to file such certificate, her husband may, and if n such certificate be filed by either, the hus' and is liable on all contracts lawfully made in the prosecution of such business in the sime manner as if they were made by himself.

MICHIGAN.-Married women may make contracts in respect to their own property, and may have, hold, and enjoy the same, and have the same rights and remedies, as though they were unmarried. She may carry on business in her own name. The husband is not liable for the contracts of the wife in relation to her sole property. Her signature or indorsement of a note given to secure the debt of her husband or oiher person is ooid. She may, however, bind her real or personal property, to secure such indebtedness, by mortgage. A mortgage upon a bome stead is void unless signed by the wife.

MINNESOTA.-All the property, real and personal, of a married woman, owned at the time of her marriage, or afterwards acquired; 'is her own, and free from the control of her husband. She is responsible for her contracts, and may sue and be sued in her own name without joining her husband. Contracts between husband and wife, or powers of attorney one to the other, relating to real estate are void. She cannot sell lier real estate, or make any conveyance of land other than a mortgage, without her husband joins in the conveyance.

MISSISSIPPI.-A married woman cannot be sued at law on her contracts. The Supreme Court has frequently decided that a married woman's note is void. She cannot, under the presen law, incumber her separate property for her husband's debts even by joint deed of trust or mortgage, beyond the amount of her income.

MISSOURI.-If a married woman carries on trade without the intervention of trustees, and her husband lives with her and riceives the profits, or they are applied to the maintenance of the family, the law presumes she was his agent in this trade, ond had his authority to make the necessary purchases. He is, therefore, liable. But when the property is legally vested in a trustee, to enable the wife to carry on trade for her sole and separate use,

it

may be presumed that the husband is absolved from all responsibility for her debts contracted in it, the wife being the agent, not of her husband, but of the trustee. The

« AnteriorContinuar »